VIKRAM NATH, N. V. ANJARIA
Ayyub Malik – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. justice must align with facts and circumstances. (Para 1 , 2) |
| 2. filing of fir and charge sheet proceedings against appellant no.1. (Para 3) |
| 3. submission of marriage and consensual relationship by appellants. (Para 4 , 5) |
| 4. marriage and subsequent living arrangements impact legal proceedings. (Para 6) |
| 5. immediate resolution of ongoing proceedings in light of marriage. (Para 7 , 8) |
| 6. impugned judgment set aside, appeal allowed. (Para 9 , 10) |
JUDGMENT
N.V. ANJARIA, J.
Leave granted.
Aim of all legal proceedings is to arrive at justice, a meaningful and substantive. In some cases, the justice is done by bringing home the outcome in accordance with law, whereas in some matters, the action in law would deserve to be halted soon and terminated discontinuing the process, yielding to the legitimate demand of facts and warrant of circumstances.
2. Heard learned counsel Mr. P.V. Yogeswaran along with learned advocate-on-record Mr. Ashish Kumar Upadhyay appearing for the appellants and learned counsel Ms. Saakshi Singh Rawat along with learned advocate-on-record Mr. Sudarshan Singh Rawat for the respondents.
2.1 Ayyub Malik-appellant No.1 herein and Shahzadi-appellant No.2 herein,
Post-marriage relationships can negate criminal charges related to elopement or sexual offenses, recognizing the abuse of legal process in continuation of proceedings against married couples.
The High Court can quash criminal proceedings in matrimonial disputes if the parties have divorced and the informant does not wish to proceed, to prevent abuse of process and serve the ends of justic....
The main legal principle established in the judgment is the significance of genuine settlements in matrimonial disputes and the exercise of the power of quashing criminal proceedings in appropriate c....
In matrimonial disputes, if parties reach a genuine settlement, continuation of criminal proceedings is an abuse of process, justifying quashing under Article 142.
Subsequent marriage between the accused and prosecutrix negates the criminality alleged, warranting quashing of proceedings under Section 482 Cr.P.C.
A marriage between the accused and victim can be grounds to quash a FIR for rape under certain circumstances, emphasizing the balance between justice and social welfare.
The main legal point established in the judgment is the court's authority to quash criminal proceedings and FIR under Section 482 of the Code of Criminal Procedure, especially when the parties have a....
The Supreme Court held that criminal proceedings stemming from matrimonial disputes can be quashed when the parties have settled their differences and ongoing prosecution serves no legitimate purpose....
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